Alabama DUI laws include both a criminal and a Department of Public Safety case to be triggered in the event of arrest for DWI. In Alabama, every arrest for DUI / DWI initiate’s two separate cases. It is urgent that you seek an Alabama DUI defense attorney as soon as possible if you’ve been arrested for drunk driving, DUI or DWI.
The law only allows 10 days for your Alabama DUI defense attorney to request a hearing with the Alabama department of public safety to save your Alabama drivers license.
Alabama DUI / DWI charges are prosecuted under the following theories:
Note: You may be prosecuted under one, two or both of the following theories.
In Alabama you do not actually have to be driving. Alabama is an “actual physical control” state. This means that under Alabama DUI / DWI law you need only be in the car and this would be sufficient for police to charge you with DUI, DWI or drunk driving. Actual physical control is having the present ability to operate the vehicle. In other words, if you are found sleeping or just sitting in the vehicle you could be found guilty of DUI or DWI or drunk driving.
Alabama DUI / DWI, drunken driving law provides for additional punishment and or penalties for refusal to submit to chemical testing such as blood, breath, or urine following your arrest for DUI / DWI, or drunk driving. Your refusal to test will result in a 90-day suspension of driver’s license. There is no chance of a restricted license during the suspension period. The refusal to test will also likely be used against you in the criminal case arguing that under Alabama DUI / DWI, drunken driving law that this would be considered you being cognizant of guilt. If you seek a well versed Alabama DUI / DWI, drunk driving attorney they will be capable of defending such arguments. They can explain that there are many reasons for an innocent person to refuse these types of tests.
Alabama DUI / DWI, drunken driving possible punishment:
A person’s first conviction in Alabama for DUI / DWI, or drunk driving is a misdemeanor.
Alabama has a “look-back” period of five years. This means that if you only had one prior DUI, and the day you are convicted of the second is more than five years after the date of the first conviction you will be sentenced as a first offender. If your second conviction is within five years of the first conviction you will be punished as a second offender.
A person’s second conviction in Alabama for DUI / DWI, or drunk driving is a misdemeanor with a jail term.
A person’s third conviction in Alabama for DUI / DWI, or drunk driving is a misdemeanor with a jail term.
A person’s fourth conviction in Alabama for DUI / DWI, or drunk driving is a class C felony with a jail term.
Additional Alabama DUI / DWI, drunk driving penalties could be an ignition interlock. This device would be attached to the vehicle and would require the driver to breath into it to test for alcohol in the body and if alcohol is detected the vehicle would not start.
Take your Alabama DUI / DWI, drunken driving charge seriously. Your personal future, employment and personal freedom depend on it.
Hire an experienced Alabama DUI / DWI, drunken driving attorney. Hiring a qualified Alabama DUI / DWI, drunken driving attorney can make all the difference in the outcome of your charge.
Dismissal rates for DUI charges and subsequent DUI convictions vary substantially from state to state. Recently on our DUI forum a user asked, “When will the prosecutor dismiss my DUI charges and not prosecute me for driving under the influence of alcohol...